[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Notices]
[Pages 537-539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33781]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2011-0389]
Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of applications for exemption, request for comments.
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SUMMARY: FMCSA announces receipt of applications from 15 individuals
for an exemption from the prohibition against persons with a clinical
diagnosis of epilepsy or any other condition which is likely to cause a
loss of consciousness or any loss of ability to operate a commercial
motor vehicle (CMV) from operating CMVs in interstate commerce. If
granted, the exemptions would enable these individuals with seizure
disorders to operate CMVs in interstate commerce.
DATES: Comments must be received on or before February 6, 2012.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2011-0389 using any of the
following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-(202) 493-2251.
Each submission must include the Agency name and the docket ID for
this Notice. Note that DOT posts all comments received without change
to http://www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want
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acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78; Apr. 11, 2000).
This information is also available at http://Docketinfo.dot.gov.
FOR FURTHER INFORMATION CONTACT: Elaine Papp, Chief, Medical Programs
Division (202) 366-4001, or via email at [email protected], or by
letter FMCSA, Room W64-113, Department of Transportation, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. Office hours are from
8:30 a.m. to 5 p.m., Monday through Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to or greater than the level that
would be achieved absent such exemption.'' The statutes also allow the
Agency to renew exemptions at the end of the 2-year period. The fifteen
individuals listed in this notice have recently requested an exemption
from the epilepsy prohibition in 49 CFR 391.41(b)(8), which applies to
drivers who operate CMVs as defined in 49 CFR 390.5, in interstate
commerce. Section 391.41(b)(8) states that a person is physically
qualified to drive a commercial motor vehicle if that person has no
established medical history or clinical diagnosis of epilepsy or any
other condition which is likely to cause the loss of consciousness or
any loss of ability to control a commercial motor vehicle.
FMCSA provides medical advisory criteria for use by medical
examiners in determining whether drivers with certain medical
conditions should be certified to operate commercial motor vehicles in
intrastate commerce. The advisory criteria indicates that if an
individual has had a sudden episode of a non-epileptic seizure or loss
of consciousness of unknown cause which did not require anti-seizure
medication, the decision whether that person's condition is likely to
cause the loss of consciousness or loss of ability to control a CMV
should be made on an individual basis by the medical examiner in
consultation with the treating physician. Before certification is
considered, it is suggested that a 6-month waiting period elapse from
the time of the episode. Following the waiting period, it is suggested
that the individual have a complete neurological examination. If the
results of the examination are negative and anti-seizure medication is
not required, then the driver may be qualified.
In those individual cases where a driver had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has fully recovered from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
Drivers with a history of epilepsy/seizures off anti-seizure
medication and seizure-free for 10 years may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
Summary of Applications
Christopher Boddie
Mr. Boddie is a 52-year-old driver in the state of Pennsylvania. He
had a single seizure event in March 2011 that his physician believes
was the result of uncontrolled hypertension. He was placed on anti-
seizure medication and anti-hypertensive medications in March 2011 and
discontinued use in August of the same year. He states his blood
pressure is under control and he continues to take his anti-
hypertensive medication.
Roger Corvasce
Mr. Corvasce is a 40-year-old CMV driver form the state of New
York. He was diagnosed with a brain tumor and had surgery to remove it
successfully in January 2010. He was put on anti-seizure medication as
a precaution after the surgery. His last seizure was December 2009. He
remains on the same anti-seizure medication, with the dosage and
frequency remaining the same for 2 years. His physician states he that
his condition is stable. He would like to operate tractor trailer
trucks in interstate commerce.
Joseph D'Angelo
Mr. D'Angelo is a 55-year-old CMV driver in the state of New York.
He had a single seizure at the age of 14 in 1970. He has remained on
anti-seizure medication since that time. The dosage and frequency of
the anti-seizure medications have remained the same since 2002. His
doctor states that his condition would not interfere with his ability
to safely operate a commercial motor vehicle.
Michael Drake
Mr. Drake is a 37-year-old CMV driver in the state of Delaware. Mr.
Drake had surgery in July 2009 to remove the part of his brain that was
the focus of his seizures. His last seizure was July 2009. He is on the
same anti-seizure medication, with the dosage and frequency remaining
the same for over 10 years. His Neurologist states that there should be
no restriction preventing him from having a CDL and that would likely
obtain a level of safety that is equivalent or greater than other
drivers.
Virgil Godbey
Mr. Godbey is a 52-year-old CMV driver in the state of Ohio. He was
diagnosed with complex partial epilepsy in 2006. His last seizure was
in 2006. He takes anti-seizure medication. The dosage and frequency of
the anti-seizure medications have remained the same for 5 years. He has
a good safety record in relation to his personal driving record and his
physician states he is in excellent health.
Ricki Gutermann
Mr. Gutermann is a 45-year-old driver from the state of Wisconsin.
He previously held a CDL and drove a truck for Mobil Oil. He was
involved in a non-job related motor vehicle accident and sustained a
traumatic head injury. He was prescribed anti-seizure medication and
had two seizures in 1998 while physicians were adjusting his
medication. His last seizure was July 1998. His physician states he is
taking the same anti-seizure medication, with the dosage and frequency
remaining the same for 13 years. The physician states that he feels it
is appropriate to allow him to be recertified to drive commercial
vehicles.
Glen Hogan
Mr. Hogan is a 57-year-old CMV driver in the state of Wisconsin.
Mr. Hogan had a single seizure event in February 2010 and has been on
the same anti-seizure medication since that time, with the dosage and
frequency remaining the same for 22 months. His
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last seizure was November 2009. He follows up regularly with his
physician and his blood levels are in a therapeutic range. His
physician states that he believes that in granting Mr. Hogan the
exemption, he would maintain the same level of safety as other CMV
drivers.
Jordan Hyster
Mr. Hyster is a 22-year-old CMV driver in the state of Ohio. Mr.
Hyster was diagnosed with epilepsy in 2005 and placed on anti-seizure
medication. His last seizure was in January 2009, after being told to
stop his medication by previous physician. He is again on anti-seizure
medication. The dosage and frequency of the anti-seizure medication has
remained the same for 23 months. His physician states that he believes
that Mr. Hyster will likely achieve a level of safety expected of
drivers as long as he remains on medication.
David R. Kietzman
Mr. Keitzman is a 49-year-old CMV driver in the state of Wisconsin.
In December 2007 he underwent surgery to remove a right parietal
vascular malformation. His physician states that this brain abnormality
was the cause of his seizures. He has been on the same anti-seizure
medications with the dosage and frequency remaining the same since
October 2008. His last seizure was October 2008. His physician states
that he is neurologically normal. His current employer states that he
has been an intrastate tractor semi-trailer driver for them since 1991
and has proven to be a safe, competent, and conscientious driver.
Joseph Kogut
Mr. Kogut is a 53-year-old CMV driver in the state of North
Carolina. He was involved in a motor vehicle accident in 1982 and
sustained a head injury. Following the accident, he had a single
seizure. He has taken the same anti-seizure medication for more than 29
years with no change in dosage or frequency of use. His physician
states that he feels that Mr. Kogut should be allowed to drive CMVs.
Philip McLain
Mr. McLain is 47-year old CMV driver in the state of Maine. He had
a nighttime seizure-like episode in August 2010. He was diagnosed
subsequently with AVM (Arteriovenous Malformation), a brain congenital
condition. He underwent surgery to remove the defect and has had no
further seizures or seizure-like episodes. His last seizure was in
August 2010. He was given anti-seizure medication following the
operation and has been off the medication since October 2010. He
remains asymptomatic and his physician states she is in favor of
allowing him to drive without restrictions.
Mr. Andy McNeal
Mr. McNeal is a 49-year-old driver in the state of Indiana. In
2007, he had a single seizure event and was diagnosed with a brain
tumor. He had the tumor removed successfully and his last seizure was
May 2007. He is taking anti-seizure medication, with the dosage and
frequency for over 4 years. He has had an electro-encephalogram (EEG)
in 2009 that showed no epileptiform activity and an Magnets Imaging
Resonance (MRI) in 2010 showed no evidence of tumor recurrence. His
physician states that although there is no way to guarantee his never
having another seizure, neurological examination currently shows no
deficits which would impair his safe operation of a motor vehicle.
Lonnie Reiker
Mr. Reiker is a 52-year-old driver who drives in the state of
Illinois. Mr. Reiker was diagnosed with a brain tumor in December 2009
following a single seizure event in November 2009. He had surgery in
March 2010 to remove the tumor and has been given anti-seizure
medication following the surgery. The dosage and frequency of the anti-
seizure medication has remained the same for more than 2 years. His
last seizure was December 2009. Three subsequent MRIs indicate no tumor
re-growth. His physician states that, in his opinion, at this time Mr.
Reiker's driving safety is equivalent to other CMV drivers.
Mark A. Smith
Mr. Smith is a 51-year-old CMV driver in the state of California.
He had a single episode of loss of consciousness in August 2010. He is
taking the same anti-seizure medication with the dosage and frequency
remaining the same for 16 months. His last seizure was August 2010. He
is under the regular care of a neurologist, who states he is stable and
doing very well. He states further that Mr. Smith is likely to achieve
a level of safety that is equivalent or greater than the level of any
other person to drive. He would be driving a semi truck and seeks to
work five days on and then two days off.
Cheryl Woskie
Ms. Woskie is a 41-year-old Class B bus driver in the state of
Massachusetts. She was diagnosed with a Cavernoma, a brain
malformation, in October 2010, causing her to have three seizures
within one month. Surgery was performed to remove the congenital defect
and she was placed on anti-seizure medication, which was discontinued
in November 2011. She would like to begin driving a bus again.
Request for Comments
In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests
public comment from all interested persons on the exemption
applications described in this notice. We will consider all comments
received before the close of business on the closing date indicated
earlier in the notice.
Issued on: December 22, 2011.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2011-33781 Filed 1-4-12; 8:45 am]
BILLING CODE 4910-EX-P